Ok so I went over the breakdown for the torts question out of curiosity on the argument for and against strict products liability.

Without re opening that wound, and of course assuming his breakdown is close to a model answer, discussing only negligence with a heavy emphasis on the superseding/intervening proximate cause issue for the driver and discussing negligence with emphasis on risk/utility balancing for electric company and hitting on the tag on issue of joint tortfeasors and damages, can one reasonably expect a passing score while missing the SPL issue?

Of course im overthinking it but I figure passing this essay goes a long way to my sanity as I only felt horrible on the attorney/client privilege essay (praying for a 60) but pretty solid on the rest minus this torts i felt iffy once i read everyone's thoughts on the whole question. Any opinion is appreciated!

Pbjd21 wrote:Ok so I went over the breakdown for the torts question out of curiosity on the argument for and against strict products liability.

Without re opening that wound, and of course assuming his breakdown is close to a model answer, discussing only negligence with a heavy emphasis on the superseding/intervening proximate cause issue for the driver and discussing negligence with emphasis on risk/utility balancing for electric company and hitting on the tag on issue of joint tortfeasors and damages, can one reasonably expect a passing score while missing the SPL issue?

Of course im overthinking it but I figure passing this essay goes a long way to my sanity as I only felt horrible on the attorney/client privilege essay (praying for a 60) but pretty solid on the rest minus this torts i felt iffy once i read everyone's thoughts on the whole question. Any opinion is appreciated!

Your guess is probably as good as anyone else's, and it is heavily dependent on how well you analyzed the other issues. At a high level of generality, I would bet that you could still score well over a 60 even if you missed SPL, but this is just me guessing. Good luck!

gaddockteeg wrote:does 1 essay grader grade all 6 of your essays or does each essay get a different grader?

Each essay gets a different grader

Yeah, the graders are assigned one essay and grade only those essays. So if you're the torts essay grader, you only grade the torts essays. So I imagine that your six essays are graded by six different people.

gaddockteeg wrote:does 1 essay grader grade all 6 of your essays or does each essay get a different grader?

Each essay gets a different grader

Yeah, the graders are assigned one essay and grade only those essays. So if you're the torts essay grader, you only grade the torts essays. So I imagine that your six essays are graded by six different people.

Got it, thanks. That's significantly more preferable than being at the whims of just 1 person.

In reading threads, Didn't see much talk about substantial factor, which was plausible. Each tortfeasor (driver and Utility Co ) were the actual cause with respect to their own separate actions. On balance, Proximate Cause was a meaty issue because facts lend to discussing who was more at fault -drivers use of cell phone (negligence) or Utility Co's failure to use safety device (SL). So yes causation was important, but determining liability would require a coherent discussion about apportioning fault, hence the apportionment issue in Call 3.

I honestly believe credit will be given whether or not SPL was discussed, so long as discussing and explaining causation regarding each defendants negligence or action (SL). This is so because each theory requires causation discussion. So once developed, call 3 could have discussed Contribution if driver had to pay more than the Utility Co , or Joint & Several Liability if negligence was found by both from same event.

In reading threads, Didn't see much talk about substantial factor, which was plausible. Each tortfeasor (driver and Utility Co ) were the actual cause with respect to their own separate actions. On balance, Proximate Cause was a meaty issue because facts lend to discussing who was more at fault -drivers use of cell phone (negligence) or Utility Co's failure to use safety device (SL). So yes causation was important, but determining liability would require a coherent discussion about apportioning fault, hence the apportionment issue in Call 3.

I honestly believe credit will be given whether or not SPL was discussed, so long as discussing and explaining causation regarding each defendants negligence or action (SL). This is so because each theory requires causation discussion. So once developed, call 3 could have discussed Contribution if driver had to pay more than the Utility Co , or Joint & Several Liability if negligence was found by both from same event.

Lets see the debrief from Bar Secrets ... they seem to have only released Essay 1 (the community property essay)

That’s about what I was thinking. Given the time frame we had to write including the PT I know most discussions heavy on causation had to be in line with a good score hopefully 65. But of course hindsight is 20/20 and reading the spl discussions really gave me that “oh crap” moment. Either way I hope everyone is doing well and this whole cut score nonsense has some clarity soon. Mbe’s left me feeling 50/50 anyway as I’m sure we are all familiar with that. So here’s to fair grading and a finality on the cut score soon! Happy October. Prayers for Las Vegas as well.

Interesting read. Hope we hear something soon, I feel like I am going out of my mind waiting for the court and my results..

Tell me about it. Can't make plans. Can't answer the questions from friends, family, and colleagues about what you're going to do. Can't keep the heartburn from coming back. Can't fully suppress the thought that on Nov. 17th, your life will change, you just don't know if it will be for the better. In those few quiet moments when you allow yourself to think that you might've passed it, and then immediately try to dismiss the thought, as if just by thinking it you've somehow jinxed your chances, you begin to hate Schroedinger's cat. I hate this.

Interesting read. Hope we hear something soon, I feel like I am going out of my mind waiting for the court and my results..

Tell me about it. Can't make plans. Can't answer the questions from friends, family, and colleagues about what you're going to do. Can't keep the heartburn from coming back. Can't fully suppress the thought that on Nov. 17th, your life will change, you just don't know if it will be for the better. In those few quiet moments when you allow yourself to think that you might've passed it, and then immediately try to dismiss the thought, as if just by thinking it you've somehow jinxed your chances, you begin to hate Schroedinger's cat. I hate this.

You said it, dude. It's quite a limbo in there. Waiting is just as hard as preparing for and taking the test.

Have you tried making projections of possible score ranges to predict your chances of passing as a way to pass the time without being in despair?

Interesting read. Hope we hear something soon, I feel like I am going out of my mind waiting for the court and my results..

Tell me about it. Can't make plans. Can't answer the questions from friends, family, and colleagues about what you're going to do. Can't keep the heartburn from coming back. Can't fully suppress the thought that on Nov. 17th, your life will change, you just don't know if it will be for the better. In those few quiet moments when you allow yourself to think that you might've passed it, and then immediately try to dismiss the thought, as if just by thinking it you've somehow jinxed your chances, you begin to hate Schroedinger's cat. I hate this.

You said it, dude. It's quite a limbo in there. Waiting is just as hard as preparing for and taking the test.

Have you tried making projections of possible score ranges to predict your chances of passing as a way to pass the time without being in despair?

That would make my anxiety worse. I just try not to think about it and prepare for the worst outcome when I do think about it. If my expectations are low, then I'll be marginally less devastated when the worst happens and ecstatic if I pass.

I also try not to beat myself up about potential bad outcomes like losing my job or something. It's just another hurdle to tackle when it arrives.

Last edited by mcmand on Fri Jan 26, 2018 4:16 pm, edited 1 time in total.

Interesting read. Hope we hear something soon, I feel like I am going out of my mind waiting for the court and my results..

Tell me about it. Can't make plans. Can't answer the questions from friends, family, and colleagues about what you're going to do. Can't keep the heartburn from coming back. Can't fully suppress the thought that on Nov. 17th, your life will change, you just don't know if it will be for the better. In those few quiet moments when you allow yourself to think that you might've passed it, and then immediately try to dismiss the thought, as if just by thinking it you've somehow jinxed your chances, you begin to hate Schroedinger's cat. I hate this.

You said it, dude. It's quite a limbo in there. Waiting is just as hard as preparing for and taking the test.

Have you tried making projections of possible score ranges to predict your chances of passing as a way to pass the time without being in despair?

I have. I'm certain of double nickles on the second essay. The others, including the PT, I reasonably believe I hit at least 60. Then there's the MBE. I just don't know on it. Some days, I'm certain I passed it. Others, I'm certain I failed it.

Interesting read. Hope we hear something soon, I feel like I am going out of my mind waiting for the court and my results..

Tell me about it. Can't make plans. Can't answer the questions from friends, family, and colleagues about what you're going to do. Can't keep the heartburn from coming back. Can't fully suppress the thought that on Nov. 17th, your life will change, you just don't know if it will be for the better. In those few quiet moments when you allow yourself to think that you might've passed it, and then immediately try to dismiss the thought, as if just by thinking it you've somehow jinxed your chances, you begin to hate Schroedinger's cat. I hate this.

You said it, dude. It's quite a limbo in there. Waiting is just as hard as preparing for and taking the test.

Have you tried making projections of possible score ranges to predict your chances of passing as a way to pass the time without being in despair?

I have. I'm certain of double nickles on the second essay. The others, including the PT, I reasonably believe I hit at least 60. Then there's the MBE. I just don't know on it. Some days, I'm certain I passed it. Others, I'm certain I failed it.

For what it’s worth I feel EXACTLY the same way. Essay 2 easily worst one, rest I felt solid 60-65 range minimum. Mbe is what it is. Some days I imagine the celebration knowing I passed. Others the despair wondering when to dust off the study materials. Stay strong everybody cut score be damned.

So I just found out I passed Nevada, and I'm looking to take on the CA bar next. As I already shelled out a pretty penny for Barbri, I was wondering if any of you lovely people were planning on selling your set of July 2017-February 2018 Barbri books (with the Handout book, naturally)? Legible handwriting is somewhat necessary, although I don't care about highlights

I'd be happy to take them off your hands, once y'all find out you passed!!

"43 The State Bar will need to be notified of any modified July 2017 cut score no later than October 20, 2017, inorder to implement that change such that exam results can be released as normal on the Friday beforeThanksgiving."

So I guess they can release it late, it just affects when we get our results..

"43 The State Bar will need to be notified of any modified July 2017 cut score no later than October 20, 2017, inorder to implement that change such that exam results can be released as normal on the Friday beforeThanksgiving."

So I guess they can release it late, it just affects when we get our results..

The court will be dramatic as usual. I bet they will release the order on 20th. LOL

"43 The State Bar will need to be notified of any modified July 2017 cut score no later than October 20, 2017, inorder to implement that change such that exam results can be released as normal on the Friday beforeThanksgiving."

So I guess they can release it late, it just affects when we get our results..

The court will be dramatic as usual. I bet they will release the order on 20th. LOL

"43 The State Bar will need to be notified of any modified July 2017 cut score no later than October 20, 2017, inorder to implement that change such that exam results can be released as normal on the Friday beforeThanksgiving."

So I guess they can release it late, it just affects when we get our results..

Does this mean that all the essays will be graded by Oct. 20th? I'm sure the date isn't arbitrary.